Voluntary - You can leave and go home at any time for any reason, or no reason. You have complete decision-making power and a veto over each and every provision of any agreement. Nothing can be imposed on you, unlike in a trial or binding arbitration.
Procedures
Mediation generally begins with a joint session to set an agenda define the issues and ascertain the position of the parties. Cordiality is required and enforced. If you want to fight, you need to go to the gym. The joint session is then followed by a separate caucus between the mediator and each individual party or their counsel. This allows each side to explain and enlarge upon their position and mediation goals in confidence. It also gives the mediator an opportunity to ask questions regarding the validity of a particular position.
Confidential. Mediation is confidential. Mediation discussions and all materials developed for mediation are not admissible in any subsequent court or other contested proceeding, except for a finalized and signed mediated agreement. Mediators are not allowed to testify in any subsequent legal proceedings.
Informed. The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Mutually acceptable experts can be retained. Such jointly obtained expert information can be designated as either confidential to the mediation or, as the parties desire, as admissible in any subsequent contested proceeding. Expert advice is never determinative in mediation. The parties always retain decision-making power.
Impartial, Neutral, Balanced and Safe. The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. Your mediator is ethically obligated to acknowledge any substantive bias on substantive issues in discussion. The mediator's only role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation. In East Texas terms, your mediator does not have a “dog in the hunt.”
Results. Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be dramatically elevated through mediation. There are indications that over 80% of all mediated cases are settled at mediation and that over 90% are settled eventually as a result of the mediation process. It would be interesting to compute the enormous amount of time and legal expenses saved through the mediation process.